Can a sentence under section 654 of the California Criminal Code be challenged at the Court of Appeal on the grounds that the sentence was improperly sentenced?
California, United States of America
The following excerpt is from The People v. Ochoa, B217976, No. PA063504 (Cal. App. 2010):
6. Defense counsel did not object to the sentence on this ground. Nevertheless, a trial court's failure to stay a sentence when section 654 applies results in an unauthorized sentence, and thus no trial objection is necessary for an appellate challenge. (People v. Scott (1994) 9 Cal.4th 331, 354, fn. 17.)
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